TRADE UNION ACT,1926

Introduction
Trade Union means “any combination, whether temporary or permanent, formed primarily
for the purpose of regulating the relations between workmen and employers or between
workmen and workmen or between employers and employers, or for imposing restrictive
conditions on the conduct of any trade or business, and includes any federation of two or
more trade unions”. Trade union is a voluntary organization of workers pertaining to a
particular trade, industry or a company and formed to promote and protect their interests
and welfare by collective action. They are the most suitable organizations for balancing
and improving the relations between the employer and the employees. They are formed not
only to cater to the workers’ demand, but also for inculcating in them the sense of
discipline and responsibility. Every registered Trade Union shall be a body corporate by
the name under which it is registered, and shall have perpetual succession and a common
seal with power to acquire and hold both movable and immovable property and to contract,
and shall by the said name sue and be sued.


Mode of registration
Section 4 provides that any seven or more members of a Trade Union may by subscribing
their names to the rules of the Trade Union and by otherwise complying with the
provisions of this Act with respect to registration apply for registration of the Trade Union.
However, no Trade Union of workmen shall be registered unless at least ten per cent. or
one hundred of the workmen, whichever is less, engaged of employed in the establishment
or industry with which it is connected are the members of such Trade Union on the date of
making of application for registration.


Application for registration
Section 5 stipulates that every application for registration of a Trade Union shall be made
to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a
statement of the following particulars namely.
• the names, occupations and address of the members making application; –
• in the case of a Trade Union of workmen, the names, occupations and addresses of
the place of wo of the members of the Trade Union making the application;
• the name of the Trade Union and the address of its head office; and
• the titles, names, ages, addresses and occupations of the office-bearers of the Trade
Union.


Provisions contained in the rules of a Trade Union
Trade Union shall not be entitled to registration under the Act, unless the executive thereof
is constituted in accordance with the provisions of the Act, and the rules thereof provide
for the following matters, namely.
• the name of the Trade Union;
• the whole of the objects for which the Trade Union has been established;
• the whole of the purposes for which the general funds of the Trade Union shall be
applicable, all of which purposes shall be purposes to which such funds are
lawfully applicable under this Act;
• the maintenance of a list of the members of the Trade Union and adequate facilities
for the inspection thereof by the office-bearers and members of Trade Union; –
• the admission of ordinary members who shall be persons actually engaged or
employed in an industry with which the Trade Union is connected, and also the
admission of the number of honorary or temporary members as office-bearers
required under section 22 to form the executive of the Trade Union; –
• the payment of a minimum subscription by members of the Trade Union –
• the conditions under which any member shall be entitled to any benefit assured by
the rules and under which any fine or forfeiture may be imposed on the members: –
• the manner in which the rules shall be amended, varied or rescinded:
• the manner in which the members of the executive and the other office-bearers of
the Trade Union shall be elected and removed;: –
• the duration of period being not more than three years, for which the members of
the executive and other office-bearers of the Trade Union shall be elected;
• the safe custody of the funds of the Trade Union, an annual audit, in such manner
as may be prescribed. of the accounts thereof, and adequate facilities for the
inspection of the account books by the office bearers and members of the Trade
Union; and the manner in which the Trade Union may be dissolved.


Certificate of Registration
The Registrar, on being satisfied that the Trade Union has complied with all the
requirements of the Act in regard to registration, shall register the Trade Union by entering
in a register, to be maintained in such form as may be prescribed, the particulars relating to
the Trade Union contained in the statement accompanying the application for registration.
The Registrar, on registering a Trade Union under section 8, shall issue a certificate of
registration in the prescribed form which shall be conclusive evidence that the Trade Union
has been duly registered under the Act.


Incorporation of registered Trade Union
Every registered Trade Union shall be a body corporate by the name under which it is
registered, and shall have perpetual succession and a common seal with power to acquire
and hold both movable and immovable property and to contract, and shall by the said name
sue and be sued.


Cancellation of Registration

A certificate of registration of a Trade Union may be withdrawn or cancelled by the
Registrar on the following grounds-
• On an application of the Trade Union
• If the Registrar is satisfied that the certificate has been obtained by fraud or mistake
or that the Trade Union has ceased to exist or has willfully and after notice from the
Registrar contravened any provision of this Act or allowed any rule to continue in
force which is inconsistent with any such provision or has rescinded any rule
providing for any matter provision for which is required by section 6;
• If the Registrar is satisfied that a registered Trade Union of workmen ceases to have
the requisite numbers of members.

Recent Amendements

The amendement provides for the insertion of section 10A in the principal Act to power centre and state government to recognise trade unions and federation of trade unions at central as well as state level.

References

1- Industrial Labour and General Laws by The Institute Of Company Secretaries of India

2- The Economic Times

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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